When Capital One Financial Corp. convinced a Maryland judge earlier this month to green-light antitrust claims against Intellectual Ventures LLC, we didn’t know a parallel fight was underway less than 100 miles away in Delaware. Sure enough, Toshiba Corp. has also accused Intellectual Ventures of using its huge patent portfolio to bludgeon companies into inking unwanted licensing deals. And on Friday, a federal judge in Wilmington ruled that part of Toshiba’s antitrust case can move forward, at least for now.
In a brief order, U.S. District Judge Sue Robinson partly rejected a motion by Intellectual Ventures to stay the antitrust case while the court considers IV’s underlying patent infringement claims against Toshiba. While the judge found that Toshiba must wait to press claims that IV misuses dubious patents to bully its licensing targets, it can move ahead with related allegations that IV improperly leverages the size of its IP holdings to wield monopoly power.
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